National Preventive Mechanism facility staff was ironic in their responses when the prisoners asked for necessary items and kits for their usage, as envisaged by law. Hence, based on the above, on 11 June 2012 Public Defender called upon Georgia’s Chief Prosecutor to launch a preliminary investigation. Based on reply N13/46329 from the Chief Prosecutor, the Investigation Division of the Western Georgian District Prosecution Office commenced its investigation into case SS N088291012801, i.e. a crime envisaged in the Georgian Criminal Code pursuant to Article 1443 sections A, B, E, and Z. The Case of Kakhaber G. On 19-20 July 2012, Public Defender’s representatives visited the Sagarejo temporary detention isolator, where they met and interviewed Kakhaber G., who was detained in connection with the Karaleti incident that had occurred on 13 July 2012. That same day the Gori District Court, according to Article 166 of the Georgian Code of Administrative Offences, sentenced Kahaber G. to fifteen days of administrative detention. According to the detainee, the Sagarejo temporary detention isolator Director and members of staff, from day one of his detention, were physically and verbally abusing him: they were swearing against him and his family, forced him to swear at his peers from the “Georgian Dream” Party, and did not give him the possibility to sleep and adequately use the toilet facilities. According to Kakhaber G. he was permitted to use the toilet a while after he asked for it and was forced to move around with his knees bent and hands around his head. During the night, they would repeatedly open the window of the cell door, and if the prisoner did not wake up or stand up on his feet, he was forced to stand on his feet for one or two hours or sit still on the chair. According to Kakhaber G., the temporary detention isolator staff only gave him the possibility to sleep for a couple of hours. According to him, this was the reason why he commenced his hunger strike from the day he was put into the detention isolator. He stopped his strike only for two days, from 17 to 18 July, and on 19 July he resumed it and wrote to the Sagarejo Temporary Isolator Administration about his hunger strike. Based on the above, Georgia’s Public Defender called upon Georgia’s Chief Prosecutor to launch a preliminary investigation of the matter. According to reply N13/45960 from the Chief Prosecutor’s office, the Signagi District Prosecution Office investigation commenced on case SS N034021112801 regarding the Sagarejo Temporary Detention Isolator staff exceeding their authority, pursuant to Article 333 part 1 of the Georgian Criminal Code. DOCUMENTING FACTS OF ILL TREATMENT Based on the monitoring, it was revealed that when a person is placed in the temporary detention isolator with various injuries, the facility administration contacts the Office of the Prosecutor in case the person expresses his discontent towards the law enforcement bodies. Public Defender issued a number of recommendations that in case the injuries on the body of the person raise the question of inappropriate treatment, irrespective of the detainee’s complaints on the matter the isolator staff would have to notify the prosecutor in charge, who will then investigate the injuries the person has suffered. Apart from N 1 and N 2 Temporary Detention Isolators where a doctor regularly conducts check-ups and documents prisoner injuries, in the other places of temporary detention isolators the injuries are being documented by the detention facility staff. The CPT in its report of the visit on 5-15 February has negatively assessed Georgian Government on the practice of the external monitoring of placement in temporary detention isolators. The same shortcoming was a number of times mentioned by Public Defender in his reports. To be more specific, apart from N 1 and N 2 Temporary Detention Isolators being regularly visited by doctor, in other temporary detention isolators prisoner check-ups are done by the isolator staff on duty, who also have full access to the medical data. This in turn is a violation of the right to medical confidentiality and data protection. www.ombudsman.ge NPM Report